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Minutes for SB13 - Committee on Education
Short Title
Permitting certain local broadcasters to provide broadcast services of a school's postseason activities notwithstanding if the state high school activities association enters into an exclusive broadcast agreement for postseason activities.
Minutes Content for Mon, Mar 13, 2023
Chairman Thomas opened the hearing on SB13.
Overview of the Bill, Revisor Nick Myers (Attachment 1)
There was a brief discussion.
Proponents (Oral)
Representative Ken Rahjes, District #10, hails from Western Kansas, Garden City, where he works for a local radio station. KBUF radio broadcasts the local games until the championships when those games are broadcast by the NHFS and local people cannot always get coverage and hear the game. These public high school games, the Representative noted, need to be accessible to the local community. He shared his history with broadcasting, and observed that local broadcasters may not be the most professional but they are trusted and they are part of the community. Schools have student broadcasters and provide equipment that those students use. Those students catch the passion to be a broadcaster! He urged the Committee to pass SB13. (Attachment 2)
Justin Fluke, Owner/President of KNZA Radio, shared how students are helping with streaming broadcasts; the students operate cameras, broadcast and are part of the process. When the big games comes - this is not possible. He noted how heartbreaking that is for the students, and for the local broadcasting company! The viewers are left to find another platform, a pay per view platform, with different, unfamiliar broadcasters. (Attachment 3)
Rich Epp, Open Space Sports, shared he started in 1970 out in Goodland Kansas, and just completed his 53rd year as a broadcaster. In 2009 he started looking at video streaming. He started a company to stream games. There was no charge at that time, it was a way to let families, friends, and community members be part of school events. Now a big national company has the contract to video all the championships. This needs to be changed. The tax payers of Kansas need to have access to these. (Attachment 4)
Allison Mazzei, President, Kansas Association of Broadcasters, agrees with the previous speakers. The NHFS network is a problem for many broadcasters across the country. Legislation has been passed in Oklahoma and Alabama to change this exclusive contract. There have been efforts by Kansas broadcasters to try and change this in other ways, but that was not possible and so the legislative route seems to be the path to change this exclusive contract. (Attachment 5)
Kody Epp, Open Space Sports, explained the difference between a broadcast and a live stream. A broadcast tells the viewer what is going on, a live stream such as the one the NHFS network operates, is an automatic camera without any commentary. The company puts it in to many schools. It allows NFHS to live stream many events that would not normally be broadcast. There is no play by play, and there is no one telling the viewer what is happening. In the post season there can be a person there broadcasting, but it doesn't always work. An exclusive contract keeps other streaming or broadcasting to be a safety net. Mr. Epp wonders why is the contract exclusive? He believes it is probably money and he stated local broadcasters can't compete with that. (Attachment 6)
Discussion ensued.
Proponents (Written Only)
Dr. Tom Hawk, Former Kansas Senator, original sponsor of SB13 (Attachment 7)
Emily Bradbury, Executive Director, Kansas Press Association (Attachment 8)
Opponents (Oral)
Bill Faflick, Kansas State High School Athletic Association, notes this is an issue that his organization is asking the legislature to hit pause on this bill. This is the third contract KSHSAA has had with NFHS. NFHS is able to stream all kinds of sports that were not featured prior. This contract allows an unmanned camera follow the play of non-varsity games, swimming, gymnastics, etc. He explained how this system works and how the schools themselves own the rights to stream and broadcast. This contract was approved by 78 educators across the state. The NFHS was the only network that was willing to go in and put up cameras so these games can be seen by all. This is for the kids, he urged, and asked the Committee to vote against SB13. (Attachment 9)
David Rudolph, National Federation of State High School Association (NFHS) is based in Atlanta (appeared on WEBEX) and spoke for the company that has the contract with KSHSAA. He believes SB13 will create many more problems and is not the way to solve the issues. Audio broadcasts are always allowed. Mr. Rudolph stated this bill will create financial challenges for everyone. There will be many logistical and operational headaches with having many broadcasting entities competing for events. (Attachment 10)
Opponent (Written Only)
Chad Radar, Sports Radio 810 WHB (Attachment 11)
Discussion ensued.
Chairman Thomas closed the hearing on SB13.
